General Terms and Conditions for Events

II Conclusion of contract, liability, statute of limitations, personal data

1. the contract is concluded upon acceptance of the customer's application by the hotel;

2. if the customer/orderer is not the organizer himself or if a commercial agent or organizer is engaged by the organizer, the organizer shall be jointly and severally liable with the customer for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the organizer.

3. the hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are liability for damages due to injury to life, body or health, for other damages based on an intentional or grossly negligent breach of duty by the hotel and for damages based on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damages.

4. the hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. It is recommended that the hotel safe be used. If the customer wishes to bring in money, securities and valuables with a total value of more than EUR 800.00 or other items with a total value of more than EUR 3,500.00, a separate storage agreement must be made with the hotel.

5. if the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. The above number 3 sentences 2 to 4 apply accordingly.

6. all claims against the hotel shall generally become time-barred one year after the commencement of the statutory limitation period. Claims for damages shall become time-barred five years after they arise, irrespective of knowledge, unless they are based on injury to life, limb, health or freedom. These claims shall become statute-barred ten years after they arise, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

7. items left behind by the customer will only be forwarded at the request, risk and expense of the customer. The hotel will keep the items for three months, after which they will be handed over to the local lost and found office if they have a recognizable value. If the lost and found office is not prepared to accept the items, they will be kept for a further nine months and then either disposed of or destroyed. The hotel's liability is governed by point 3 above.

8. the liability of the hotel is limited to a sum insured under the public liability insurance in the amount of EUR 30,000,000.00.

9. the protection of personal data is important to the hotel. Details of data protection, including a more detailed explanation of the rights to which the customer is entitled in this regard, can be viewed at any time under the following link under the term data protection information:http://broermann-hotels.com/startseite/

III Services, prices, payment, offsetting

1. the hotel is obliged to provide the services ordered by the customer and promised by the hotel.

2. the customer is obliged to pay the agreed or applicable prices of the hotel for these and other services used. This also applies to services and expenses of the hotel to third parties arranged by the customer in accordance with No. 4 below, in particular also for claims of copyright collecting societies. The agreed prices include the respective statutory value added tax.

3. the hotel reserves the right to adjust prices due to changes in the statutory value added tax. The price increase is limited to the increased VAT rate. If the statutory value added tax is reduced, the charge shall be reduced accordingly.

4. costs and fees for customs declaration and clearance, import documents, transportation, veterinary certificates, pro forma invoices, phytosanitary certificates, as well as personnel costs for hotel accommodation and expenses and local transfers shall be borne by the customer.

5 Hotel invoices for services rendered without a due date are due and payable immediately. The hotel may specify different later due dates at any time.

6. the hotel is entitled to demand a reasonable advance payment and/or a security deposit from the customer upon conclusion of the contract. The amount of the advance payment depends on the contract concluded and/or the cost calculation for the catering. The payment dates are agreed in writing in the contract and are currently as follows:

a) 10% deposit of the total event costs payable upon conclusion of the contract (non-refundable in conjunction with IV. numbers 3 and 5)
b) 50% deposit of the total event costs payable up to 90 days before arrival / before the start of the event
c) 40% deposit of the total event costs payable up to 30 days before arrival / before the start of the event
If the agreed down payment has not been received by the specified payment deadline, the hotel is entitled to terminate the contract immediately and extraordinarily.

7. in justified cases, e.g. payment arrears of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract up to the start of the event, to demand an advance payment and a security deposit within the meaning of number 6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

8. payment of invoices for events and group bookings can be made in cash, by bank transfer or direct debit.

9. the customer may only offset or reduce or exercise a right of retention against a claim of the hotel with undisputed or legally established claims.

IV. Withdrawal by the customer (cancelation)

1. the customer's withdrawal from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed room rent from the contract as well as services arranged with third parties must be paid in any case, even if the customer does not make use of contractual services and it is no longer possible to re-let the room. This shall not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of withdrawal.

2. insofar as the hotel and the customer have agreed in writing on a date or deadline for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of rescission shall expire if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date or within the agreed period, unless a case pursuant to No. 1 sentence 3 exists.

3. if the customer cancels between
a) the 120th to 91st day before the date of the event, the hotel is entitled to charge 10% of the lost food sales in addition to the agreed rental price
b) in the event of withdrawal between the 90th and 31st day plus 60% of the agreed rental price;
c) in the event of any later withdrawal, 90% of the food turnover plus the agreed rental price.

4. food sales are calculated according to the formula: agreed menu price x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis. The contractual cost calculation is decisive for the catering area.

5. if a conference flat rate/flat rate per participant has been agreed, the hotel shall be entitled, in the event of cancellation
a) between the 120th and 91st day before the date of the event 10%
b) between the 90th and 31st day 60%
c) for any later withdrawal 90%
of the conference flat rate / flat rate x agreed number of participants. For catering, the contractual cost calculation shall apply.

6. the deduction of saved expenses is taken into account in paragraphs 3 to 5 above. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.

V. Cancellation by the hotel

1. if it has been agreed in writing that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract free of charge during this period if there are inquiries from other customers regarding the contractually booked event rooms / catering location and the customer does not waive his right of withdrawal upon enquiry by the hotel.

2. if an agreed advance payment or security deposit or one demanded in accordance with Section III Numbers 6 and/or 7 above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

3. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
a) force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
b) events are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose of the customer's stay;
c) the hotel has justified cause to believe that the event may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
d) there has been a breach of Clause I No. 2.

4. in the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VI Catering: Delivery, transportation, transfer of risk for buffet and non-food deliveries

1. delivery shall be made in accordance with the respective separate agreement. The agreed delivery and service dates are binding, unless the hotel is prevented from fulfilling its obligations due to the occurrence of unforeseeable, extraordinary circumstances which it was unable to avert despite exercising reasonable care in the circumstances of the case or due to force majeure. In this case and if the delivery or service cannot be provided within a reasonably extended period, the hotel shall be released from its delivery and service obligations. Insofar as the hotel is not responsible for the failure to meet the delivery deadline, the customer shall have no claim for damages; the customer shall bear the risk of delay in this respect.

2. delivery shall be made to the best of our knowledge and belief on the agreed delivery date to the delivery address specified by the customer. At the request, risk and expense of the customer, the delivery will be sent to another destination (sale by dispatch). Unless otherwise agreed, the Hotel shall be entitled to determine the type of shipment (in particular the transport company, shipping route, packaging) itself. The customer must inform the hotel of any special features relating to the place of delivery, such as construction sites, long distances, stairways, non-functioning elevators, etc., when placing the order so that the hotel can prepare for them in terms of time and organization. If the hotel lacks such information or if the circumstances concerning the place of delivery are particularly complex, the hotel reserves the right to charge a lump sum for additional expenses. Any delays caused by difficult conditions at the catering location shall not be borne by the hotel.

3. time differences must be expected for every delivery, which the hotel cannot influence even with the greatest care. Any official permits or parking permits that may be required shall be borne or procured by the customer.

4. delays caused by force majeure, in particular traffic disruptions, shall not be borne by the hotel. In the event of delays for the aforementioned reasons, the agreed dates shall be postponed by the duration of the hindrance. The hotel shall inform the customer immediately upon becoming aware of the delay.

5. if buffet deliveries are ordered by the customer and the products are not heated, cooled and freshly prepared by the hotel on food trucks or at mobile counters, the following regulations apply:
(a) In the interest of quality and with regard to the guidelines of the Food Hygiene Ordinance, the standing time of a buffet is limited to a maximum of two hours. After that, the hotel's warranty ends.
b) The hotel assumes no liability for improper storage of the delivery item from the time of handover by the customer.

6. in all other cases, the risk shall pass to the customer at the time of arrival at the customer's place of delivery. Upon delivery, the customer must check that the goods are intact and confirm this in writing upon request.

7. in the case of sale by dispatch, the risk of accidental loss and accidental deterioration of the delivered food and beverages shall pass to the shipper, carrier or other person or institution designated to carry out the shipment upon delivery.

8. if the hotel ships food or beverages or equipment to the contractual partner using its own vehicles, the risk shall pass to the customer at the time of arrival at the customer's place of delivery.

9. insofar as acceptance is a prerequisite for the delivery of food produced by the hotel, the time of acceptance shall be decisive for the transfer of risk to the customer. Acceptance shall be deemed to have taken place if the customer does not accept the work within a reasonable period specified by the hotel, although he is obliged to do so.

10 Handover shall be deemed to have taken place if the customer is in default of acceptance. In such cases, the costs arising from storage shall be borne by the customer from the time of readiness for dispatch. The hotel shall be entitled to dispose of the delivery item otherwise after the expiry of a reasonably set deadline.

11. crockery, cutlery, glasses, tents, benches, table linen, tables, chairs, taps, etc. remain the property of the hirer. The hotel is entitled to enter the location to which the items have been brought in order to remove them. The customer shall only be entitled to a right of retention with regard to recognized or legally established claims. If the premises are such that the customer has no domiciliary rights, the customer must notify us of this and provide a permit from the authorized party. Upon delivery, the customer must check the items for completeness and intactness and, upon request, provide a written receipt. Unless caused by employees of the hotel, the organizer shall bear the risk of loss, breakage and damage from the time of handover. The purchase price is to be reimbursed.

12. equipment received with the delivery must be handled with care by the customer. Crockery and glasses must be placed in existing boxes to avoid damage during transportation. The organizer is fully liable for loss and damage until collection and acceptance by the hotel.

VII Changes to the number of participants and the time of the event

1. a change in the number of participants by more than 5% must be notified to the hotel no later than five working days before the start of the event; it requires the written consent of the hotel.

2. a timely reduction in the number of participants by the customer by a maximum of 5% will be recognized by the hotel when invoicing. In the event of deviations exceeding this, the originally agreed number of participants less 5% shall be used as the basis for invoicing. The customer has the right to reduce the agreed price by the expenses saved as a result of the lower number of participants.

3. in the event of an upward deviation, the actual number of participants will be charged.

4. if the number of participants deviates by more than 10%, the hotel is entitled to redetermine the agreed prices and to change the confirmed rooms / catering location, unless this is unreasonable for the customer.

5. if the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge for the additional readiness to perform at its reasonable discretion, unless the hotel is at fault.

VIII. Bringing in/taking away food and drinks

1. the customer may not bring food and drinks to events. Exceptions require a written agreement with the hotel. In such cases, a contribution to cover overhead costs will be charged.

2. if the customer takes away food prepared in the hotel, the time of acceptance shall be decisive for the transfer of risk to the customer. The hotel assumes no liability for improper storage of the delivery item from the time of handover by the customer.

IX. Technical equipment and connections

1. insofar as the hotel procures technical and other equipment from third parties for the customer at the customer's request, it acts in the name, on behalf of and for the account of the customer. The customer shall be liable for the careful handling and proper return of such equipment. The customer shall indemnify the hotel against all third-party claims arising from the provision of such equipment and from damage caused by the equipment. The customer is solely responsible for ensuring that the equipment provided is adequately insured against liability and financial loss.

2. in the case of catering, the customer is obliged to provide electricity and water connections (supply and discharge lines, including waste water) up to the power distributor or water hydrant at his own expense. The hotel is only responsible for the sub-distribution of the electricity and water connections up to the end devices. The consumption costs, i.e. the costs for the electricity and water consumption incurred during the event, shall be borne by the customer. The hotel is permitted to transfer the execution of the order to subcontractors.

3. the use of the customer's own electrical equipment using the hotel's electricity network requires the hotel's written consent. Any malfunctions or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the customer, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment. Electrical appliances may only be connected to the existing mains supply to the extent that the permissible load, about which the customer must inquire in advance in case of doubt, is not exceeded.

4. with the hotel's consent, the customer is entitled to use his own telephone, fax and data transmission equipment. The hotel may charge a connection and usage fee for this.

5. if suitable hotel facilities remain unused due to the connection of the customer's own facilities, a default fee may be charged.

6. faults in technical or other equipment provided by the hotel will be rectified immediately if possible.
Payments may not be withheld or reduced insofar as the hotel is not responsible for these faults.

7. the hotel will arrange Internet access for the customer on request, usually for a fee. The current price scales according to the price list apply. The hotel is merely an access broker; there is no legal claim against the hotel for uninterrupted use and/or a certain speed of internet access. In this respect, the hotel assigns its respective performance claims against the service provider to the customer. The use of the WLAN takes place after handing over the access code; in the case of minors, access is only granted after a written declaration of consent by a parent or legal guardian has been submitted.
a) The customer or user undertakes to comply with the applicable laws and common decency when using the Internet. He undertakes not to disseminate or retrieve any content that violates copyright or other legal provisions or is immoral, in particular
- not to disseminate or retrieve any anti-constitutional, racist, violence-glorifying or pornographic content,
- not to retrieve, reproduce, distribute or make available any copyrighted material,
- not to install or use any file-sharing programs.
In the event of any breach of the above obligations by the customer or user, the hotel is entitled to block access immediately. The hotel reserves the right to claim damages. The hotel expressly points out to the customer or user that the provision of copyright-protected works on the Internet constitutes a criminal offense; even accessing such works may constitute a criminal offense.
b) The customer or user further undertakes to keep passwords received for the purpose of WLAN access secret.
c) The hotel draws the customer's or user's attention to the fact that it is the customer's or user's responsibility to protect their end device against malicious programs (viruses, etc.) or attempts at intrusion (hacking, etc.) from the Internet and to back up their data.
d) The hotel is not liable for any damages incurred by the customer or user through the use of Internet access, with the exception of damages caused by the hotel intentionally or through gross negligence. This exclusion of liability does not apply to injury to life, limb or health.

8. the hotel draws the customer's attention to the fact that in the event of musical accompaniment of an event by a band, a disc jockey or similar, registration must be made with the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA). The obligation to register is expressly incumbent on the customer and may be delegated by the customer to the band, disc jockey, etc. The customer expressly releases the hotel from this obligation. The customer expressly releases the hotel from this registration obligation and from any liability in this connection, in particular for any costs incurred. The customer's attention is drawn to the possibility of obtaining information at http://www.gema.de.

X. Loss of or damage to items brought onto the premises

1. exhibits or other items, including personal items, are kept in the event rooms or in the hotel or at the catering location at the customer's risk. The hotel accepts no liability for loss, destruction or damage, including for financial losses, except in cases of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

2. decoration material brought along must comply with fire protection requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.

3. exhibits or other items brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer's expense. If the items remain in the event room, the hotel may charge a reasonable compensation for use for the duration of their retention. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.

XI Duty of care / Liability of the customer for damages

1. if the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

2. in the event of damage caused by the customer, the hotel is entitled to charge for the replacement.

3. in the case of catering, the hotel reserves the right to charge reasonable deposit fees for the provision of any equipment for the duration of the event per day. This will be credited back to the customer when the equipment is returned in full. Any shortfalls will be charged in accordance with the above Section VI, Point 11.

4. the permissible floor load for the installation of heavy equipment / objects must not be exceeded.

5. the customer is obliged to take out an organizer's liability insurance (multi-cover policy or similar insurance) with sufficient cover and, if necessary, including extensions of cover in the event of an increase in risk for the event and to provide the hotel with suitable evidence of this in good time before the start of the event, for example by submitting an insurance policy. Otherwise, IX No. 1 sentence 4 shall apply.

XII Corporate Identity

1. the full name of the hotel is "Falkenstein Grand" or "Villa Rothschild" or "Hotel Atlantic Hamburg". The organizer / customer is obliged to observe the correct naming of the event catering location.

2. the image, photo and film material as well as the logo of the hotel are protected by copyright. Any use (e.g. online for a blog) is only permitted with the written consent of the hotel.

XIII Final provisions

1. amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

2. the place of performance and payment is the registered office of the hotel.

3. the exclusive place of jurisdiction - also for check and bill of exchange disputes - is the registered office of the hotel in commercial transactions. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

5. should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

¹ Broermann Health & Heritage Hotels GmbH, Debusweg 6-18 ¬ 61462 Königstein im Taunus, Germany
Local court Königstein HRB 6878, managing directors: Ivo Schramm, Dirk Schäfer, authorized signatory: Rahim Rahman
Tax number: 003 228 49753, VAT ID: DE 253 228 541

² Atlantic Hotel Betriebsgesellschaft mbH, An der Alster 72-79, 20099 Hamburg, Germany
Local court Königstein HRB 9109, managing directors: Dr. Jan Liersch, André Vedovelli, authorized signatory: Sophia Funk
Tax number: 03 228 49 745 VAT ID: DE 812 960 966